The legal impact of COP28 in UAE: Shaping the global climate agenda

As world leaders, negotiators, and stakeholders gather to discuss the future of our planet, the legal impact of COP28 cannot be overstated. This article explores the potential legal implications and outcomes of COP28, and how they may shape the global climate agenda.

Strengthening commitments

One of the primary objectives of COP28 in UAE is to enhance and strengthen the commitments made under the Paris Agreement, which was adopted at COP21 in 2015. This legally binding international treaty aims to limit global warming to well below 2 degrees Celsius above pre-industrial levels, with an aspiration to limit the increase to 1.5 degrees.

Parties are expected to revisit their Nationally Determined Contributions (NDCs) and propose more ambitious targets. This process has significant legal implications as it requires parties to update their domestic laws and regulations to meet these new commitments. COP28 may provide a platform for parties to scrutinise and encourage one another to make legally binding changes at the national level.

Implementation and accountability

One of the key legal issues surrounding climate agreements is their implementation and accountability. COP28 will likely continue discussions on establishing a robust mechanism to ensure that parties are complying with their commitments. This could involve creating legally binding rules and regulations that govern reporting, verification, and enforcement of climate action plans. Improved transparency and accountability measures may lead to legal consequences for countries that fail to meet their obligations, potentially including financial penalties.

Just transition and equity

The legal impact of COP28 is not limited to carbon reduction targets. It also addresses issues of justice and equity in climate action. Many nations and communities disproportionately bear the brunt of climate change impacts. Legal discussions at COP28 may lead to agreements on how to address these disparities through a just transition framework. This would require creating and enforcing legal provisions that ensure a fair distribution of benefits and burdens in the transition to a low-carbon economy.

Carbon markets and offsetting

The creation and regulation of international carbon markets and offset mechanisms are likely to be discussed at COP28. These mechanisms allow countries and businesses to trade carbon credits to help meet their emissions reduction targets. Legal frameworks governing the operation of such markets, including rules for tracking emissions reductions and preventing double counting, will be crucial. Failure to establish clear and enforceable rules can lead to legal disputes and challenges.

Loss and damage

Another key legal issue at COP28 is loss and damage, which relates to the harm and financial costs incurred by countries and communities that are unable to adapt to climate change impacts. Parties may negotiate legally binding mechanisms to address these issues, including financial support and compensation. This has significant legal implications, as it involves the creation of rules and obligations for financially responsible parties and mechanisms for providing support.

The legal impact of COP28 on the global climate agenda is profound. It goes beyond rhetoric and symbolism, shaping the legal frameworks that govern how countries and organisations take action on climate change.

Strengthening commitments, implementing, and enforcing climate agreements, addressing issues of justice and equity, regulating carbon markets, and finding solutions for loss and damage are all legal challenges that will be discussed and negotiated at COP28.

The success of this conference will be measured not only by the ambitious targets set but also by the legal mechanisms put in place to ensure accountability and compliance.

COP28 has the potential to be a defining moment in the global fight against climate change, and the legal decisions made there will play a pivotal role in shaping our sustainable future.